Proposed decision:
The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to:
1. the implementation of a new Independent Construction Consultancy Services Framework to support the delivery of the Capital and Minor Works Programmes over a 6-year (4 year+1+1) contract period and includes the following disciplines:
o Lot 1 – Multi-discipline (including client delegated duties)
o Lot 2 – Project Manager (including client delegated Quantity Surveying duties)
o Lot 3 – Supervisor
o Lot 4 – Technical Advisor
o Lot 5 – Construction Design and Management Advisor
2. delegate authority to the Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to take relevant actions, including but not limited to, awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision
3. delegate authority to the Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to award extensions of contracts for commissioned services in accordance with the extension clauses within the contract (4 years + 2 x 1 year extensions).
Reason for the decision / Background
Kent County Council (KCC) have previously appointed consultants on a project-by-project basis via the Property Services Consultancy Framework to provide professional consultancy services to support construction projects. However, the Framework expired in June 2020 and procurement of such services has since been conducted on a project-by-project basis, tendered or by direct award procurements in-line with Spending the Council’s Money Policy and Public Contract Regulations.
The current method of procuring consultancy services is resource intensive and requires a more efficient approach. In addition, KCC need a professional consultancy services framework that aligns to the new construction partnership framework and can support the delivery of the minor works programme.
Options
There are 3 options to consider for the ongoing procurement of consultancy services:
· Option 1 – Insource of consultancy provision.
· Option 2 – Continuing with current arrangement of tendering/direct award for each requirement.
· Option 3 – Establishing a new Construction Consultancy framework.
Following consideration of the benefits and disbenefits at the Policy and Resources Cabinet Committee on 13 July 2022, procurement activity has been progressed in relation to Option 3.
This option provides a pre-qualified framework of consultants to efficiently support the projects procured via the Construction Partnership Framework and support the delivery of the minor works programme on behalf of Kent County Council (KCC). It is likely that allocation of projects under the Framework will be on a rotational basis, so that all suppliers receive an equal allocation of works (performance and project dependant). In addition, the facility to undertake mini fee bids will be included.
It is envisaged that the new Independent Construction Consultancy Services Framework will commence by late September/early October 2024.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026:
The proposed decision will support the objectives of the Framing Kent’s Future – Our Council Strategy 2022-2026 by:
· Supporting the delivery of the Council’s Capital and Minor Works Programmes.
· Supporting the delivery of the Kent Commissioning Plan for Education Provision 2020-2024, including the Basic Need programme.
· Supporting the KCC Corporate Estate maintenance programme.
· Supporting the KCC Education Estate maintenance programme.
Decision type: Key
Reason Key: Expenditure or savings of more than £1m;
Decision status: For Determination
Division affected: (All Division);
Notice of proposed decision first published: 01/05/2024
Anticipated restriction: Part exempt - View reasons
Decision due: Not before 30th May 2024 by Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Reason: To allow 28 day notice period required under Exeuctive Decision regulations
Lead director: Rebecca Spore, Carolyne Harrington
Department: Strategic & Corporate Services
Contact: Amanda Jobey, Social Worker - Canterbury District Email: amanda.jobey@kent.gov.uk Tel: 01227 598674.
Consultees
Previous updates have been reported to the Policy and Resources Cabinet Committee on 13 July 2022 and 9 March 2023, where the Committee was asked to note progress.
Report 13 July 2022:
Report 9 March 2023:
A further report for executive decision is planned to be discussed at the Policy and Resources Cabinet Committee in May 2024.
Financial implications: • The new Independent Construction Consultancy Services Framework is to be valued at circa £119.5m over the contractual period of 6 years. • Each order raised will be subject to its own financial governance and based on pre-agreed tendered rates. • This will be a nil-let-no-commitment Framework with no workload guaranteed. • Support the efficient use of resources as set out in Securing Kents Future.
Legal implications: KCC as Education authority is required to undertake relevant works or activities to meet its obligations to provide school places in compliance with building and planning regulations. In addition, as an employer under the H&S Work Act 1974 etc KCC has a duty of care to ensure all employees and visitors can undertake their day-to-day activities in a safe working environment across the Kent estate. This decision supports KCC’s compliance by delivering against its obligations to provide compliant properties for staff, visitors, and pupils.
Equalities implications: An Equalities Impact Assessment (EqIA) has been completed and will be updated throughout the procurement process. No issues have been identified at this stage for EqIA, but this will be reviewed as the procurement activities continue. Data Protection implications: A data protection implication assessment (DPIA) will be submitted as the procurement activities continue.